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Proposed Collection; Comment Request [Notices] [07/19/2000]

ESA Federal Register Notice

Proposed Collection; Comment Request [07/19/2000]

[PDF Version]

Volume 65, Number 139, Page 44838-44840


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DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the proposed extension collection of the following 
information collections: (1) Office of Federal Contract Compliance 
Programs (OFCCP), RECORDKEEPING AND REPORTING REQUIREMENTS-
CONSTRUCTION; (2) Office of Workers' Compensation (OWCP), Division of 
Coal Mine Workers' Compensation (DCMWC), RESUBMISSION TURNAROUND 
DOCUMENT; (3) OWCP, DCMWC, RELEASE OF MEDICAL INFORMATION; and (4) 
REGULATIONS GOVERNING THE ADMINISTRATION OF THE LONGSHORE AND HARBOR 
WORKERS' ACT. Copies of the proposed information collection requests 
can be obtained by contacting the office listed below in the addressee 
section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below within 60 days of the date of this Notice.

ADDRESSEE: Ms. Patricia A. Forkel, U. S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.

SUPPLEMENTARY INFORMATION:

OFCCP Recordkeeping and Reporting Requirements: Construction

I. Background

    The OFCCP is responsible for the administration of three equal 
opportunity programs which prohibit employment discrimination and 
require affirmative action by government contractors and 
subcontractors. The Acts administered by the OFCCP are Executive Order 
11246, as amended;

[[Page 44839]]

Section 503 of the Rehabilitation Act of 1973, as amended; and the 
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), 38 U.S.C. 
4212. The OFCCP has promulgated regulations implementing these 
programs, which are found at Title 41 of the Code of Federal 
Regulations, Chapter 60. For purposes of this clearance request, the 
programs have been divided functionally into two categories, 
construction and supply and service. This information collection 
request covers the recordkeeping and reporting requirements for the 
construction industry. A separate information collection request covers 
the recordkeeping and reporting requirements for supply and service 
industries, and is approved under OMB number 1215-0072.

II. Review Focus

    The Department of Labor (DOL) is particularly interested in 
comments which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Department of Labor seeks the extension of approval to collect 
this information in order to carry out its responsibility to enforce 
the affirmative action and anti-discrimination provisions of the three 
Acts which it administers.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: OFCCP Recordkeeping and Reporting Requirements, 
Construction.
    OMB Number: 1215-0163.
    Affected Public: Businesses or other for-profit; Not-for-profit 
institutions.
    Total Respondents: 100,000.
    Total Annual Responses: 103,711.
    Average Time per Response, Recordkeeping:
    Records Maintenance: 8 to 24 hours.
    Affirmative Action Plan, Initial Development: 18 hours.
    Affirmative Action Plan, Annual Update: 7.5 hours.
    Affirmative Action Plan, Maintenance: 7.5 hours.
    Average Time per Response, Reporting:
    CC-41 Quarterly Administrative Committee Report: 25 minutes.
    Compliance Reviews: 1-2 hours.
    Total Burden Hours, Recordkeeping and Reporting: 4,841,475.
    Frequency (Reporting): Quarterly.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $5.76.

Resubmission Turnaround Document (CM-1173)

I. Background

    The Federal Mine Safety and Health Act of 1977, as amended (30 
U.S.C. 901) and 20 CFR 725.701 provides DCMWC with responsibility for 
payment of covered black lung related medical treatment rendered to 
miners who are awarded black lung benefits. The Resubmission Turnaround 
Document (CM-1173) is used to request specific medical data to ensure 
the processing of Form OWCP-1500 (for payment of out-patient bills and 
for services and supplies provided to beneficiaries) and Form UB-92 
(for payment of hospital bills).

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The DOL seeks extension of approval to collect this information on 
order to carry out its responsibility to ensure that black lung 
beneficiaries receive benefits as mandated in the legislation. The 
Resubmission Turnaround Document is sent to medical providers when 
information critical to bill payment is missing from a provider 
submitted medical bill (OWCP-1500 or UB-92). With use of the 
Resubmission Turnaround Document, a provider receives a document 
identifying all billing deficiencies based on a computer review of the 
bill. The bill remains in the system and processing continues once the 
necessary information is received. This in turn expedites payment to 
the provider, reduces processing time, maintains an audit trail, and is 
administratively cost effective.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Resubmission Turnaround Document.
    OMB Number: 1215-0177.
    Agency Number: CM-1173.
    Affected Public: Businesses or other for-profit; Not-for-profit 
institutions.
    Total Respondents: 89,000.
    Frequency: On occasion.
    Total Responses: 89,000.
    Average Time per Response: 5 minutes.
    Estimated Total Burden Hours: 7,417.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $32,040.

Release of Medical Information (CM-936)

I. Background

    The Federal Mine Safety and Health Act of 1977, as amended (30 
U.S.C. 923), and 20 CFR 725.405 require that all relevant medical 
evidence be considered before a decision can be made regarding a 
claimant's eligibility for benefits. The CM-936 is a form that gives 
the claimant's consent for release of information covered by the 
Privacy Act of 1974, and contains information required by medical 
institutions and private physicians to enable them to release pertinent 
medical information.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including

[[Page 44840]]

whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Department of Labor seeks extension of approval to collect this 
information in order to obtain the claimant's consent for medical 
institutions and private physicians to release medical information to 
the Division of Coal Mine Workers' Compensation as evidence to support 
their claim for benefits. Failure to gather this information would 
inhibit the adjudication of black lung claims because pertinent medical 
data would not be considered during claims processing.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Authorization for Release of Medical Information.
    OMB Number: 1215-0057.
    Agency Number: CM-936.
    Affected Public: Individuals or households.
    Total Respondents: 2,700.
    Frequency: Once.
    Total Responses: 2,700.
    Average Time per Response: 5 minutes.
    Estimated Total Burden Hours: 225.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

Regulations Governing the Administration of the Longshore and 
Harbor Workers' Compensation Act

I. Background

    The Longshore and Harbor Workers' Compensation Act, as amended (20 
CFR 702.162, 702.174, 702.175, 20 CFR 702.242, 20 CFR 702.285, 702.321, 
702.201, and 702.111) pertains to the provision of benefits to workers 
injured in maritime employment on the navigable waters of the United 
States or in an adjoining area customarily used by an employer in 
loading, unloading, repairing, or building a vessel, as well as 
coverage extended to certain other employees. The Longshore Act 
administration requirements include: payment of compensation liens 
incurred by Trust Funds; certification of exemption and reinstatement 
of employers who are engaged in the building, repairing, or dismantling 
of exclusively small vessels; settlement of cases under the Act; 
reporting of earnings by injured claimants receiving benefits under the 
Act; filing applications for relief under second injury provisions; 
and, maintenance of injury reports under the Act. The forms contained 
in this information collection request have been developed to capture 
the information required by various sections of the regulations.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Department of Labor (DOL) seeks extension of approval to 
collect this information in order to carry out its responsibility to 
insure that Longshore beneficiaries are receiving appropriate benefits. 
Failure to request this information would result in no way to insure 
beneficiaries are receiving the correct amount of benefits.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Regulations Governing the Administration of the Longshore 
and Harbor Workers' Compensation Act.
    OMB Number: 1215-0160.
    Agency Numbers: LS-200, 201, 203, 204, 262, 267, 271, 274, 513, 
ESA-100.
    Affected Public: Individuals or households, Businesses or other for 
profit, Small businesses or organizations.
    Total Respondents: 189,144.
    Frequency: On occasion.
    Total Responses: 189,144.
    Average Time Per Response for Reporting:
    LS-200--10 minutes
    LS-201, 203, 204, 262--15 minutes
    LS-267--2 minutes
    LS-271--2 hours
    LS-274--1 hour
    LS-513--30 minutes
    Estimated Total Burden Hours: 84,576.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $60.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: July 13, 2000.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 00-18217 Filed 7-18-00; 8:45 am]
BILLING CODE 4510-49-P



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